Hotel Bonita – Terms and Conditions for Transactions on the Platform for Consumers from the EU/EEA/UK
Updated Version: June 14, 2024, effective from June 14, 2024
Thank you for using Hotel Bonita.
THESE TERMS AND CONDITIONS FOR TRANSACTIONS ON THE HOTEL BONITA PLATFORM FOR CONSUMERS FROM THE EU/EEA/UK APPLY ONLY TO CONSUMERS FROM THE EUROPEAN UNION/EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
If you are (a) a user of www.hotelbonita.al from a region other than the European Union/European Economic Area and the United Kingdom, or (b) accessing the site in a capacity other than as a consumer from the EU/EEA/UK, the applicable terms and conditions will apply.
These Terms and Conditions for Transactions on the Hotel Bonita Platform for Consumers from the EU/EEA/UK (this “Agreement”) describe the terms and conditions under which you, as a registered member and consumer in the European Union/European Economic Area or the United Kingdom, may complete online transactions with third-party suppliers that are registered members of our site and that offer various services to consumers in the European Union/European Economic Area or the United Kingdom, according to the terms set by each third-party supplier, through websites, mobile-optimized pages, mobile applications, and other online transaction portals managed or provided by Hotel Bonita from time to time related to the Hotel Bonita online service platform, including, but not limited to, the optimized web and mobile versions of the site “www.hotelbonita.al“.
To avoid any doubt, any Online Transaction (as defined below in section 1.5) is conducted between you and a third-party supplier, and Hotel Bonita is not considered a party to this Online Transaction, nor does it represent you or the supplier in this transaction.
Since you are a consumer from the EU/EEA/UK, please note that to the extent that the mandatory consumer protection regulations in your country of residence within the EU/EEA/UK contain more beneficial provisions for you (such as, for example, rights of withdrawal and guarantees), those provisions will apply. More information on EU consumer rights can be found here.
1. Application of this Agreement and Transaction Services
1.1. Acceptance. You agree that by registering, accessing, or using the Transaction Services (described in section 1.5 below), you are entering into a legally binding contract with Hotel Bonita. To do this, you must be of legal age and have the legal capacity to enter into a legal contract under applicable law. PLEASE DO NOT USE THE TRANSACTION SERVICES IF YOU ARE A MINOR. If child-specific services are offered by suppliers on our site, they are intended for use by adults. If you do not agree to this Agreement, do not access or use any of our Transaction Services. If you wish to terminate this Agreement, you may close your account at any time by no longer accessing or using our Transaction Services (as defined in section 1.5).
1.2. Contracting Party. You are entering into this Agreement with Hotel Bonita, but please note that Hotel Bonita may provide the Transaction Services either directly or in collaboration with our affiliates.
1.3. Registered Members. When you register and join our site, you become a member (“Member(s)”). This Agreement applies to you only if you are a member, but will not affect your agreement with us or our affiliates for the membership services of our site unless expressly stated in this Agreement or in the Hotel Bonita Free Membership Agreement. If you close your account or your membership is terminated by us in accordance with our rights under the Hotel Bonita Free Membership Agreement, you will no longer be able to use our Transaction Services. However, if at the time of account closure or membership termination we identify that you have made a valid Online Transaction that has not yet been completed, we will make the necessary arrangements for this Online Transaction to be completed or refunded, depending on the circumstances of the transaction and the reason for the termination of your membership.
1.4. Complete Agreement. This Agreement is the sole agreement between us regarding the Transaction Services and supersedes all prior agreements regarding these Transaction Services. This Agreement includes, by reference, the documents, policies, and rules listed below, as well as any relevant terms and agreements that may be provided by us and which you will accept when you engage with a feature of the Transaction Services, which you agree to comply with to the extent that they are applicable:
In some cases, you may also be required to enter into a separate agreement with Hotel Bonita or with our affiliates or other third-party partners regarding specific aspects of the Transaction Services that are not covered by this Agreement (“Supplementary Terms”).
If there is any conflict between the provisions of this Agreement and the provisions of the Supplementary Terms, the Supplementary Terms will govern the relevant types of Transaction Services or Online Transactions covered by those Supplementary Terms.
1.5. Transaction Services. Hotel Bonita offers an online transaction platform and supporting services on its sites (collectively referred to as “Transaction Services”) that allow Members to complete online transactions for products or services within the Sites under the terms of this Agreement. Specifically, you are permitted to make, pay for, complete, and receive fulfillment and services within the Sites (“Online Transactions”).
1.6. Changes to the Agreement or the Transaction Services.
We may modify this Agreement (including, without limitation, the relevant terms and agreements included in section 1.4 above), publish new rules (including dispute resolution rules), or make changes to the functionalities or applications of the Transaction Services themselves (such as enhancements, modifications, creating restrictions, or suspending them). If we make any changes (other than formatting corrections or errors) to this Agreement (including any relevant documentation) or to the Transaction Services themselves, or publish new rules, we will notify you through our Sites (including posting the new version on the Site) or through other means, giving you the opportunity to review the changes or new terms at least 15 days before they take effect (without retroactive effect), although there may be cases (such as to comply with a legal requirement or to address an unforeseen and immediate risk to protect you or a business user from fraud, malware, spam, data breaches, or other cybersecurity risks) where a shorter notice period may be required. If you oppose any changes we propose to make, you may close your account by sending an email requesting this to info-luxury@hotelbonita.al, going to “Profile – Delete Account” in the mobile application of the Sites, or applying for account deletion at privacy.hotelbonita.al. Continued use of our Transaction Services after we publish or send a notice of changes or new terms of this Agreement and after they have taken effect means that you agree to the updated terms from their effective date.
Conditions for Specific Online Transactions
2.1. Refusal or Cancellation of Online Transactions
Hotel Bonita reserves the right to suspend and, after necessary verifications, refuse, reverse, or cancel any Online Transaction determined to be in violation of this Agreement or the relevant documents mentioned in Section 1.4. This includes, but is not limited to, situations where issues are identified by the credit and fraud control department, where the Online Transaction is unauthorized, violates laws, rules, or regulations, or may create liability for Hotel Bonita. Hotel Bonita will not be liable for losses related to the refusal or cancellation of Online Transactions. Usage restrictions will be communicated to you through your Buyer Messaging Center.
2.2. Services of Bonita Hotel and Additional Services of Bonita Hotel
(i) Bonita Hotel, through its financial partners, offers services for several Online Transactions (“Bonita Services”). These services are designed to accept payments for bookings and services related to the Bonita Hotel Websites.
(ii) Additionally, Bonita Hotel may offer supplementary services for certain Online Transactions (“Additional Bonita Services”) to facilitate online bookings and transactions.
2.3. Buyer Protection Plan for Bonita Hotel
Bonita Hotel may offer a protection plan for customers for certain Online Transactions (“Bonita Buyer Protection Plan”). This plan provides security in case of delays, cancellations, or other issues related to bookings. Further details on this plan can be found on our website. Your rights include the right to cancel within 14 days, a guarantee of compliance with descriptions, and the right to terminate the contract if services are not provided within appropriate timeframes.
2.4. Transactions Involving Third-Party Financial or Credit Service Providers
(a) Bonita Hotel does not guarantee that any third-party provider will approve financing and will not be responsible for this.
(b) Any financing will be subject to the terms set by the provider and not by Bonita Hotel.
(c) Bonita Hotel may disclose necessary information for processing your financing request.
(d) Any disputes with the financial provider will be resolved between you and the provider, and Bonita Hotel will not be obliged to intervene.
3. Transactions Between You and Bonita Hotel
3.1. Online Booking
To complete a booking with Bonita Hotel, you must fill out and submit an online order according to the process described on our website. Bonita Hotel will inform you of any additional costs before the booking is finalized.
3.2. Cancellation of Bookings by You
You may cancel a booking if you exercise your rights under consumer protection laws or according to any additional cancellation terms that apply.
3.3. Buyer Protection Plan
Bonita Hotel offers a Buyer Protection Plan, ensuring defined legal rights, such as the right to withdrawal within 14 days and a minimum 2-year warranty for the compliance of services.
3.4. Transactions Exclusively Between You and Bonita Hotel
Every booking transaction is made between you and Bonita Hotel. Bonita Hotel is responsible for the quality, security, and availability of its services but does not guarantee third-party services.
3.5. Payment Methods
We offer secure payment methods. By using these services, you agree to pay the full amount of the booking.
3.6. Agents
If a booking is finalized through an authorized agent, they will act solely as your representative, and you will remain responsible for any inaction or failure of the agent.
4. Service Fees and Taxes at Bonita Hotel
4.1 Service Fees
Bonita Hotel may apply transaction service fees, clearly displayed prior to the completion of your booking. These fees do not include applicable taxes, which will be shown during the payment process.
4.2 Third-Party Charges
Any additional services from third-party providers (such as repairs or special transport) will incur extra charges, which must be paid directly to the service provider.
4.3 Taxes and Financial Charges
The displayed service fees do not include VAT or other government taxes, which will be applied during the payment process. You agree to pay all relevant taxes associated with your transaction with Bonita Hotel. In cases where Bonita Hotel is required to collect or pay taxes, you will cover these fees along with any associated bank or financial transfer charges.
5. Member Responsibilities
5.1 Providing Information and Assistance
You agree to provide all notifications, necessary information, materials, and approvals needed to complete Online Transactions and provide Transaction Services from hotelbonita.al, ensuring that products or services involved in the Online Transaction are delivered accurately. This includes providing correct payment method details, addresses, contact details, or alternative delivery options. If your failure to do so results in delays, cancellations, or misdistribution of any Transaction Services, hotelbonita.al will not be liable for any resulting loss or damage.
5.2 Member Commitments
You represent and warrant that:
a) You will not use the Sites, including the feedback system, to share illegal content; your use must comply with all applicable laws and regulations at all times.
b) You will use the Transaction Services in good faith and in accordance with all applicable laws and regulations, including those related to anti-money laundering and terrorism financing.
c) All information and materials you provide regarding the use of Transaction Services are true, legal, and accurate, and not false, misleading, or fraudulent.
d) You will not use Transaction Services to defraud hotelbonita.al, our affiliates, or other site members or users, or engage in other illegal activities (including, without limitation, the trade of products prohibited by law).
e) You will not use Transaction Services in relation to any Online Transaction that (1) may infringe the legitimate or proprietary rights of hotelbonita.al or any third party, including copyright, trademarks, patents, or other intellectual property rights; (2) may violate the Intellectual Property Rights Protection Policy (IPR); or (3) may violate this Agreement or any Supplementary Agreement of hotelbonita.al.
Violations
If, in the reasonable opinion of hotelbonita.al, you are not acting in good faith, misusing Transaction Services, or otherwise violating this Agreement, hotelbonita.al reserves the right to cancel the relevant Online Transactions at any time without liability for any loss or damage arising from or related to this cancellation, providing you with a 15-day notice prior to the effective date of the cancellation, unless a shorter notice period is required to comply with applicable legal requirements or to address an immediate risk related to online service protection, consumer (including EU/EEA/UK buyers), or business user (including sellers) protection from fraud, malware, spam, data breaches, or other cybersecurity risks.
Additionally, hotelbonita.al reserves the right to impose usage restrictions on your use of the Sites, which may include: (i) blocking your content on the Site, (ii) deleting your content on the Site, (iii) freezing your publication rights on the Site, including the feedback system, (iv) suspending your reporting rights, (v) temporarily or permanently suspending or terminating your use of Transaction Services, (vi) temporarily or permanently suspending or terminating your membership on the Site with a 15-day notice, unless a shorter notice is necessary for compliance with applicable legal requirements or to address an immediate and urgent risk related to online service protection, consumer, or business user safety from fraud, malware, spam, data breaches, or other cybersecurity threats.
In such cases and unless otherwise provided by applicable law, hotelbonita.al also reserves the right to: (i) temporarily suspend your account’s transaction functionalities for a specified period or permanently terminate your use of your account with hotelbonita.al, and/or (ii) authorize Bonita Hotel to temporarily suspend your account’s transaction functionalities for a specified period or permanently terminate your use of your Bonita Hotel account without any liability for any loss or damage arising from or related to this suspension or termination.
hotelbonita.al may also publish findings, penalties, and other records related to violations on the Site. In these cases, hotelbonita.al will provide a statement of reasons and opportunities for remedy.
Assessment of violations of this Agreement may be conducted by automated and human tools. The first level of our moderation is carried out automatically by a system that detects content related to illegal or prohibited materials according to our Community Guidelines. Detected content is automatically blocked and removed from the Site. hotelbonita.al also engages human resources for site moderation; content may be manually reviewed by relevant departments.
6. Recommendation System
6.1 Personalized Recommendations
Our pages use a recommendation system. The information displayed on all web pages containing personalized recommendations and/or personalized advertisements is selected by this recommendation system. This system helps us determine which content and services to promote by choosing content and services that are most likely to be interesting and relevant to you. For this purpose, we use the following information about you: your IP address and/or the indicated shipping location (or the more specific chosen shipping destination), your search history and browsing history during your visit or use of the platform, information about your behavior on the platform (clicks, adding to cart, adding to wishlist, reserved services), and your member profile information (such as age, city, interests, amount reserved). Based on the above information, we will derive your preferences to recommend services that may be of interest to you.
6.2 Canceling/Modifying Recommended Content for You
When you first use the pages and are not registered, you will be asked to grant permission to use cookies for our recommendation system. If you refuse, we will not use your behavioral data and will not provide you with personalized recommendations. If you are registered and wish to select which services should (or should not) be recommended to you, you can modify or deactivate the main parameters mentioned above by accessing “Privacy Settings” in the “Buyer Center.”
If there is no indicated address in your profile, we will assign a shipping location for your visit based on the language sub-domain you accessed, your IP address, or your previous browsing history, where available. We will then display lists of services that may be offered in that location and the corresponding prices. You can adjust the location setting by manually changing the shipping address at any time by clicking on the “Flag” icon in the top right corner of the official page or in your personal settings in the application.
6.3 Ranking of Services in Search Results
When you use the search function or browse several channel pages (such as service categories), users can change the criteria used to rank services by choosing from several options, specifically:
• “Best Match”: highest relevance, primarily determined by an algorithm that takes into account several factors that may change over time. The factors in question cover the following four aspects:
7. Information on Service Compliance
When hotelbonita.al becomes aware that an illegal service has been offered to you by a seller, hotelbonita.al will inform you of the fact that the service is illegal, the identity of the seller, and the means of remediation. hotelbonita.al will provide this information only to the extent that we have your contact details for services purchased during at least six months prior to becoming aware of the illegality. When hotelbonita.al does not have your contact details, the information will become publicly available.
8. Advertising
hotelbonita.al offers an online advertising repository on its pages available here for the entire period during which we present an advertisement and up to one year after the last presentation of the advertisement on its pages.
9. Confidentiality and Personal Data
9.1. Confidentiality Obligations. You must keep all confidential information provided by other members of the pages or by hotelbonita.al or any of its affiliates regarding any Online Transactions or Transaction Services confidential, without prejudice to the exercise of your rights under applicable laws and regulations.
9.2. Confidential Information. All information and materials provided by another member of the pages or by hotelbonita.al or any of its affiliates will be considered confidential information unless this information or material is already in the public domain or has been made public later, except due to your breach of confidentiality obligations.
9.3. Data Protection and Privacy. You must read the Privacy Policies of the pages that govern the protection and use of personal information of buyers and sellers in the EU/EEA/UK in the possession of hotelbonita.al and its affiliates and explain how your personal information may be processed in relation to Transaction Services and Online Transactions. Our Privacy Policy can be accessed at hotelbonita.al Privacy Policy.
9.4. The Role of Sellers in Data Protection and Privacy. Buyers in the EU/EEA/UK are informed that sellers have their responsibilities for compliance with data protection and privacy in relation to the personal information of buyers in the EU/EEA/UK or the data of other individuals that the seller processes. While we contractually require sellers to assure hotelbonita.al that they are and will be fully compliant with all data protection and privacy laws regarding this personal information, including, without limitation, retaining their records of such personal information regardless of the platform (to the extent required by applicable laws), complying with direct marketing laws, and responding to requests from individuals to exercise their rights under such laws, neither hotelbonita.al nor any of its affiliates are responsible or liable for the sellers’ compliance with applicable data protection and privacy laws. To avoid any doubt, in relation to this personal information, the responsibilities and obligations of hotelbonita.al and its affiliates under data protection and privacy laws are completely independent and separate from the responsibilities and obligations of the sellers under such laws.
10. Severability and Limitation of Liability
10.1. No Warranty. You expressly agree that your use of the Transaction Services is at your own risk. To the fullest extent permitted by applicable law, the Transaction Services are provided on an “as is,” “as available,” and “with all faults” basis, and hotelbonita.al makes no representation or warranty that the Transaction Services will be uninterrupted, timely, or error-free. hotelbonita.al makes no representation or warranty regarding the accuracy, truthfulness, and completeness of the information provided by any Member of the Pages, in accordance with e-commerce regulations.
10.2. Exclusion and Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, hotelbonita.al, INCLUDING ITS AFFILIATES, SHALL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., FOR OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., TIME OF BREACH OR LOSSES, USE, OR ALTERATIONS).
11. Notifications
11.1. Notifications for Illegal Content
11.1.1. Notification Mechanism:
You may report specific information that you consider to be illegal content by clicking on “Report Service” on the service page or by contacting our customer service through the “Help Center.” Your notification should include:
(a) a sufficient explanation of the reasons why you claim that the information in question is illegal content;
(b) a clear indication of the exact electronic location of that information (such as the exact URL or URLs and, when necessary, additional information that allows the identification of the illegal content);
(c) your name and email address, except in cases where the information is considered to involve one of the crimes mentioned in Articles 3 to 7 of Directive 2011/93/EU (sexual abuse and exploitation of children and child pornography);
(d) a statement confirming your good faith belief that the information and allegations contained therein are accurate and complete.
11.1.2. Actions Taken on Notifications:
When your notification contains electronic contact information, hotelbonita.al will send you a confirmation of receipt of the notification. After reviewing your notification, hotelbonita.al will inform you of its decision regarding the information related to the notification and will provide you with information about possible remedies.
11.1.3. Complaints Handling System:
If you have submitted a notification, you may file a complaint within 6 months after being informed of hotelbonita.al’s decision regarding that notification. You can submit your complaint for free using the form available in the Message Center. hotelbonita.al will inform you of its reasoned decision regarding the information related to the complaint and about the possibility of out-of-court resolution or other remedy mechanisms. YOU ARE ADVISED THAT IF YOU REGULARLY SUBMIT NOTIFICATIONS OR COMPLAINTS THAT ARE INSUFFICIENT, hotelbonita.al MAY SUSPEND, AFTER PRIOR NOTICE VIA A NOTICE, THE PROCESSING OF YOUR NOTIFICATIONS AND COMPLAINTS.
11.1.4. Out-of-Court Dispute Resolution:
If you have submitted a notification or a complaint, you may choose any certified out-of-court dispute resolution body to resolve the dispute regarding hotelbonita.al’s decisions after a notification or a complaint. In this case, you and hotelbonita.al will engage, in good faith, with the certified out-of-court dispute resolution body chosen to resolve the dispute.
11.2. Legal Notifications
Unless expressly stated otherwise, legal notifications will be sent to you by sending notifications to the email address in your most recent membership profile on the Pages. The notification will be considered given 24 hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may provide you with legal notifications by mail to the address in your most recent membership profile, in which case the notification will be considered given 36 days after the date of sending. Legal notifications to us will be given at the address provided in section 1.2 above or via courier or certified mail to 26/F, Tower One, Time Square, 1 Matheson Street, Causeway Bay, Hong Kong, for the attention of the Legal Department.
12. Contact
You can contact us via online chat for any questions using our “Help Center” in the “Help” section. You can click on the messaging feature and access the online chat service.
13. Governing Law and Dispute Resolution
13.1. Governing Law
Any dispute, contest, or claim between you and hotelbonita.al, or those arising from or related to this Agreement, or its interpretation, breach, termination, or validity, or any dispute regarding non-contractual obligations arising from or related to this Agreement (collectively referred to as “dispute”) will be governed and interpreted in all respects by the laws of the Special Administrative Region of Hong Kong, People’s Republic of China (“Hong Kong”). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This choice of governing law does not deprive you of the protection provided by mandatory provisions in the laws of the EU/UK and your usual place of residence, meaning that you have the right to any relevant rights and their exercise under the laws of the EU/UK and the laws of your usual place of residence.
13.2. Dispute Resolution
This section does not prejudice any rights you have as a consumer of the European Union/European Economic Area/United Kingdom under Article 18 of Brussels I Bis Regulation (OJ EU 2012 L351/1) or other applicable UK regulations, meaning that you can file a claim regarding your legal rights in the EU/EEA/UK country where you reside, usually in the courts of the country where you are registered.
13.2.1. Disputes between You and a Seller
13.2.1.1. Friendly Negotiation:
If a dispute arises between you and a Seller, the dispute will be sought to be resolved first through friendly negotiations between you and the Seller through our “Customer Service Dispute Resolution System” (or from the order page within the “Buyer Center” or otherwise through the “Customer Service” portal at https://sale.hotelbonita.al/i18n_help_center.htm) (DR System of the Platform), within specified periods and in accordance with the rules and regulations set for the DR System of the Platform, which will be communicated to you after the completion of the negotiation procedure.
13.2.1.2. Dispute Resolution:
After the conclusion of the negotiations, if the dispute has not been resolved, you may seek a resolution to the dispute through “Certified Human Rights Arbitration Services”